NILESH BHAGWAN MAHAJAN Vs. SHIVPRIYA NILESH MAHAJAN

JUDGEMENT

(1.) Present appeal has been filed by the original respondent. Present respondent is the original petitioner, who had filed Hindu Marriage Petition No. 136 of 2010 before 02nd Joint Civil Judge (Senior Division), Dhule, under Sec. 09 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. (Parties are referred by their nomenclature before trial Court.)

(2.) Petitioner and respondent got married on 05- 06-2006 at Dhule as per Hindu rites. Respondent was residing in joint family. It is also admitted that a settlement deed was executed between them on 10- 07-2009 in presence of witnesses. It is also not in dispute, that the petitioner has filed complaint under Sec. 498A of I.P.C. against respondent and family members. It is also not in dispute, that present respondent has filed Hindu Marriage Petition No.112 of 2011 before Jalgaon Court for divorce.

(3.) The petitioner had come with a case that after she went for cohabitation, she had handed over her gold ornaments and other articles to the respondent. Her mother-in-law had shown dissatisfaction regarding the way in which ceremony of marriage was done as well as the gifts given. Thereafter, the petitioner was pressurized to bring gold ornaments. The greed of the respondent and his family members went on increasing. Petitioner was prohibited from meeting with her relatives. The respondent who is an architect by profession, was also harassing the petitioner by giving abuses and mental torture on the ground that gifts have not been given properly and gold ornaments have not been brought at the time of Rakshabandhan festival. When the petitioner was ill due to less hemoglobin in her blood, at that time, respondent viewed her with suspicion and asked for divorce. His sister had also threatened her to kill. Her ornaments were taken on 04-03-2008 and she was driven out of the house. She was taken back after persuasion of her family members. Thereafter, she went to meet her brother when he had suffered an accident and when she returned on 28-06-2008, she was forced to go back to her parental house. In the compromise deed, many conditions were imposed upon her and after the deed, when she was cohabiting with him, respondent made demand of Rs. 5,00,000.00 for opening office. It is also stated that the respondent got addicted to drink liquor and smoke. He was then physically assaulting her and keeping her starved. Therefore, she went to her parent's house on 13-04-2010. She had genuine desire to cohabit with the respondent, but the respondent has deserted her without any reason. Hence, the petition.